BILL NUMBER: AB 1768	CHAPTERED  09/26/00

	CHAPTER   629
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	PASSED THE SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 14, 2000
	AMENDED IN SENATE   APRIL 27, 2000
	AMENDED IN ASSEMBLY   APRIL 4, 2000
	AMENDED IN ASSEMBLY   FEBRUARY 22, 2000

INTRODUCED BY   Assembly Member Steinberg
   (Coauthors:  Assembly Members Cardoza, Kuehl, Longville, and
Wildman)
   (Coauthor:  Senator Rainey)

                        JANUARY 19, 2000

   An act to amend Sections 26720.9, 26721, 26721.1, 26722, 26725,
26726, 26728, 26730, 26731, 26734, 26736, 26738, 26742, 26743, 26746,
26746.1, and 26750 of, and to add Section 26721.2 to, the Government
Code, relating to sheriff's fees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1768, Steinberg.  Sheriff's fees.
   Existing law prescribes fees for serving, executing, and
processing required court notices, writs, orders, and other services
provided by sheriffs and marshals.
   This bill would revise and increase these fees as specified.  The
bill would delete the per diem compensation for a keeper of property
under a writ of attachment, execution, possession, or sale.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 26720.9 of the Government Code is amended to
read:
   26720.9.  Notwithstanding any other provision of law, the amounts
set forth in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and
26743 shall be increased to thirty dollars ($30) on January 1, 2001.

  SEC. 2.  Section 26721 of the Government Code is amended to read:
   26721.  Except as provided in this article, the fee for serving or
executing any process or notice required by law or the litigants to
be served shall be the amount described in Section 26720.9, and there
shall be no additional fee for substitute service when substitute
service is authorized.
   However, no fee shall be charged for serving an emergency
protective order, protective order, or restraining order issued
pursuant to Division 10 of the Family Code (the Domestic Violence
Prevention Act) on a respondent who is in custody.
   In any case where property has been levied upon and, pursuant to
the levy, a copy of the writ of execution and a notice of levy are
required by statute to be served either personally or by mail upon
the judgment debtor or other person, no fee shall be charged for that
service.
  SEC. 3.  Section 26721.1 of the Government Code is amended to read:

   26721.1.  In an action for unlawful detainer, the fee for service
of a summons, complaint, and prejudgment claim of right to possession
pursuant to Section 415.46 of the Code of Civil Procedure shall be
the amount described in Section 26720.9 for all occupants not named
in the summons.  The fee is not refundable.
  SEC. 3.5.  Section 26721.2 is added to the Government Code, to
read:
   26721.2.  For any action commenced in the superior court, the fee
for the service of the summons, the complaint for which the summons
is issued, and all other documents or notices required to be served
with the summons and complaint, is twenty-eight dollars ($28).
  SEC. 4.  Section 26722 of the Government Code is amended to read:
   26722.  The fee for serving, executing, or processing any writ or
order where the levying officer is required to take immediate
possession of the property levied upon is eighty-five dollars ($85).

  SEC. 5.  Section 26725 of the Government Code is amended to read:
   26725.  The fee for serving, executing, or processing a writ of
attachment, writ of execution, writ of sale, or order on real estate,
as to the initial service or posting of a continuous unbroken parcel
or tract, and the fee for serving a record owner other than the
defendant shall be the amount described in Section 26720.9.
  SEC. 6.  Section 26726 of the Government Code is amended to read:
   26726.  (a) The fee for keeping and caring for property under a
writ of attachment, execution, possession, or sale shall be one
hundred ten dollars ($110) when necessarily employed for any
eight-hour period or any part thereof.  If an additional keeper or
keepers are required during these periods, the fee for the additional
keeper or keepers shall be the same as fixed, but, in no event shall
any one keeper receive more than one hundred eighty-five dollars
($185) during any 24-hour period when so employed.
   (b) In addition to the fees provided by Section 26721, the fee for
maintaining custody of property under levy by the use of a keeper is
thirty dollars ($30) for each day custody is maintained after the
first day.
   (c) Notwithstanding any other fee charged, a keeper shall receive
thirty dollars ($30) when, pursuant to Section 26738, a levying
officer prepares a not-found return.
  SEC. 7.  Section 26728 of the Government Code is amended to read:
   26728.  The fee for preparing and posting the initial notice of
personal property sale under a writ of attachment, execution, or sale
or order of court shall be the amount described in Section 26720.9.

  SEC. 8.  Section 26730 of the Government Code is amended to read:
   26730.  The fee for conducting or postponing the sale of real or
personal property as required by law or the litigant is eighty-five
dollars ($85).
  SEC. 9.  Section 26731 of the Government Code is amended to read:
   26731.  Five dollars ($5) of any fee collected by the sheriff's
civil division or marshal under Sections 26721, 26722, 26725, 26726,
26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and
26750 of the Government Code shall be deposited in a special fund in
the county treasury.  A separate accounting of funds deposited shall
be maintained for each depositor, and funds deposited shall be for
the exclusive use of the sheriff's civil division or marshal.
   Ninety-five percent of the moneys in the special fund shall be
expended to supplement the costs of the depositor for the
implementation, maintenance, and purchase of auxiliary equipment and
furnishings for automated systems or other nonautomated operational
equipment and furnishings deemed necessary by the sheriff's civil
division or marshal.  Five percent of the moneys in the special fund
shall be used to supplement the expenses of the sheriff's civil
division or marshal in administering the funds.
  SEC. 10.  Section 26734 of the Government Code is amended to read:

   26734.  The fee for making a levy on personal property already in
possession of the officer who is holding it under attachment in the
same action shall be the amount described in Section 26720.9.
  SEC. 11.  Section 26736 of the Government Code is amended to read:

   26736.  The fee for cancellation of the service or execution of
any process or notice prior to its completion shall be twenty-eight
dollars ($28).  The fee provided by this section shall not be charged
where a charge is made pursuant to any other section of this article
in attempting to serve or execute the process or notice.
  SEC. 12.  Section 26738 of the Government Code is amended to read:

   26738.  The fee for making a not found return on a summons,
affidavit and order, order for appearance, subpoena, writ of
attachment, writ of execution, writ of possession, order for delivery
of personal property, or other process or notice required to be
served, certifying that the person or property cannot be found at the
  address specified shall be twenty-eight dollars ($28).
  SEC. 13.  Section 26742 of the Government Code is amended to read:

   26742.  The fee for executing and delivering any other instrument
shall be the amount described in Section 26720.9.
  SEC. 14.  Section 26743 of the Government Code is amended to read:

   26743.  The fee for subpoenaing a witness, including a copy of the
subpoena and any affidavit required to be served therewith, shall be
the amount described in Section 26720.9.
  SEC. 15.  Section 26746 of the Government Code is amended to read:

   26746.  In addition to any other fees required by law, a
processing fee of eight dollars ($8) shall be assessed for each
disbursement of money collected under a writ of attachment,
execution, possession, or sale, but excluding any action by the
district attorney's office for the establishment or enforcement of a
child support obligation.  The fee shall be collected from the
judgment debtor in addition to, and in the same manner as, the moneys
collected under the writ.  All proceeds of this fee shall be
deposited in a special fund in the county treasury.  A separate
accounting of funds deposited shall be maintained for each depositor,
and funds deposited shall be for the exclusive use of the depositor.

   Seventy percent of the moneys in the special fund shall be
expended to supplement the county's cost for vehicle fleet
replacement and equipment for the sheriff and the marshal.  Thirty
percent of the moneys in the special fund shall be expended to
supplement the county's cost of vehicle and equipment maintenance for
the sheriff and the marshal, and for the county's expenses in
administering the funds.
   No fee shall be charged where the only disbursement is the return
of the judgment creditor's deposit for costs.
  SEC. 16.  Section 26746.1 of the Government Code is amended to
read:
   26746.1.  A fifteen dollar ($15) fee shall be assessed by the
sheriff or marshal for certification of correction on each citation
that requires inspection for proof of correction of any violation
pursuant to Section 40616 of the Vehicle Code.
   All proceeds of the fee shall be deposited in a special fund in
the county treasury.  A separate accounting of funds deposited shall
be maintained for each depositor, and funds deposited shall be for
the exclusive use of the sheriff's civil division or marshal.
   Ninety-five percent of the moneys in the special fund shall be
expended to supplement the costs of the depositor for the
implementation, maintenance, and purchase of auxiliary equipment and
furnishings for automated systems or other nonautomated operational
equipment and furnishings deemed necessary by the sheriff's civil
division or marshal.  Five percent of the moneys in the special fund
shall be used to supplement the expenses of the sheriff's civil
division or marshal in administering the funds.
  SEC. 17.  Section 26750 of the Government Code is amended to read:

   26750.  (a) The fee for serving an earnings withholding order
under the Wage Garnishment Law, Chapter 5 (commencing with Section
706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil
Procedure, including but not limited to the costs of postage or
traveling, and for performing all other duties of the levying officer
under that law with respect to the levy shall be twenty-five dollars
($25).
   (b) Except as provided in Section 26746, no additional fees,
costs, or expenses may be charged by the levying officer for
performing the duties under the Wage Garnishment Law, Chapter 5
(commencing with Section 706.010) of Division 2 of Title 9 of Part 2
of the Code of Civil Procedure.
